EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 62.040 is hereby amended to read as follows:

1-2 62.040 1. Except if the child involved is subject to the exclusive

2-1 (2) Habitually disobeys the reasonable and lawful demands of his

2-2 parents, guardian or other custodian, and is unmanageable; or

2-3 (3) Deserts, abandons or runs away from his home or usual place of
2-4 abode,

2-5 and is in need of care or rehabilitation. The child must not be considered a

2-6 delinquent.

2-7 (b) Concerning any child living or found within the county who has

2-8 committed a delinquent act. A child commits a delinquent act if he violates

2-9 a county or municipal ordinance or any rule or regulation having the force

2-10 of law, or he commits an act designated a crime under the law of the State

2-11 of Nevada.

2-12 (c) Concerning any child in need of commitment to an institution for

2-13 the mentally retarded.

2-14 2. For the purposes of subsection 1, each of the following acts shall be

2-15 deemed not to be a delinquent act, and the court does not have jurisdiction

2-16 of a person who is charged with committing such an act:

2-17 (a) Murder or attempted murder and any other related offense arising

2-18 out of the same facts as the murder or attempted murder, regardless of the

2-19 nature of the related offense.

2-20 (b) Sexual assault or attempted sexual assault involving the use or

2-21 threatened use of force or violence against the victim and any other related

2-22 offense arising out of the same facts as the sexual assault or attempted

2-23 sexual assault, regardless of the nature of the related offense, if:

2-24 (1) The person was 16 years of age or older when the sexual assault

2-25 or attempted sexual assault was committed; and

2-26 (2) Before the sexual assault or attempted sexual assault was

2-27 committed, the person previously had been adjudicated delinquent for an

2-28 act that would have been a felony if committed by an adult.

2-29 (c) An offense or attempted offense involving the use or threatened use

2-30 of a firearm and any other related offense arising out of the same facts as

2-31 the offense or attempted offense involving the use or threatened use of a

2-32 firearm, regardless of the nature of the related offense, if:

2-33 (1) The person was 16 years of age or older when the offense or

2-34 attempted offense involving the use or threatened use of a firearm was

2-35 committed; and

2-36 (2) Before the offense or attempted offense involving the use or

2-37 threatened use of a firearm was committed, the person previously had been

2-38 adjudicated delinquent for an act that would have been a felony if

2-39 committed by an adult.

2-40 (d) Any other offense if, before the offense was committed, the person

2-41 previously had been convicted of a criminal offense.

3-1 3. If a child is charged with a minor traffic offense, the court may

3-2 transfer the case and record to a justice’s or municipal court if the judge

3-3 determines that it is in the best interest of the child. If a case is so

3-4 transferred:

3-5 (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are

3-6 applicable in those proceedings; and

3-7 (b) The child must be accompanied at all proceedings by a parent or

3-8 legal guardian.

3-9 With the consent of the judge of the juvenile division, the case may be

3-10 transferred back to the juvenile court.

3-11 Sec. 2. NRS 62.170 is hereby amended to read as follows:

3-12 62.170 1. Except as otherwise provided in NRS 62.175, any peace

4-1 4. Except as otherwise provided in subsection 2, a child alleged to be

4-2 delinquent or in need of supervision must not, before disposition of the

4-3 case, be detained in a facility for the secure detention of juveniles unless

4-4 there is probable cause to believe that:

4-5 (a) If the child is not detained, he is likely to commit an offense

4-6 dangerous to himself or to the community, or likely to commit damage to

4-7 property;

4-8 (b) The child will run away or be taken away so as to be unavailable for

4-9 proceedings of the court or to its officers;

4-10 (c) The child was brought to the probation officer pursuant to a court

4-11 order or warrant; or

4-12 (d) The child is a fugitive from another jurisdiction.

4-13 [4.] 5. A child not alleged to be delinquent or in need of supervision

4-14 must not at any time be confined or detained in a facility for the secure

4-15 detention of juveniles or any police station, lockup, jail, prison or other

4-16 facility in which adults are detained or confined.

4-17 [5.] 6. A child under 18 years of age must not at any time be confined

4-18 or detained in any police station, lockup, jail, prison or other facility where

4-19 the child has regular contact with any adult convicted of a crime or under

4-20 arrest and charged with a crime, unless:

4-21 (a) The child is alleged to be delinquent;

4-22 (b) An alternative facility is not available; and

4-23 (c) The child is separated by sight and sound from any adults who are

4-24 confined or detained therein.

4-25 [6.] 7. A child alleged to be delinquent who is taken into custody and

4-26 detained must be given a detention hearing, conducted by the judge or

4-27 master:

4-28 (a) Within 24 hours after the child submits a written application;

4-29 (b) In a county whose population is less than 100,000, within 24 hours

4-30 after the commencement of detention at a police station, lockup, jail,

4-31 prison or other facility in which adults are detained or confined;

4-32 (c) In a county whose population is 100,000 or more, within 6 hours

4-33 after the commencement of detention at a police station, lockup, jail,

4-34 prison or other facility in which adults are detained or confined; or

4-35 (d) Within 72 hours after the commencement of detention at a facility in

4-36 which adults are not detained or confined,

4-37 whichever occurs first, excluding Saturdays, Sundays and holidays. A

4-38 child must not be released after a detention hearing without the written

4-39 consent of the judge or master.

4-40 [7.] 8. If the parent, guardian or custodian of the child appears with or

4-41 on behalf of the child at a detention hearing, the judge or master shall

4-42 provide to him a certificate of attendance which he may provide to his

5-1 employer. The certificate of attendance must set forth the date and time of

5-2 appearance and the provisions of NRS 62.900. The certificate of

5-3 attendance must not set forth the name of the child or the offense alleged.

5-4 [8.] 9. A child who is taken into custody and detained must, if alleged

5-5 to be a child in need of supervision, be released within 24 hours, excluding

5-6 Saturdays, Sundays and holidays, after his initial contact with a peace

5-7 officer to his parent, guardian or custodian, to any other person who is able

5-8 to provide adequate care and supervision, or to shelter care, except as

5-9 otherwise provided in subsection [9] 10 or unless the court holds a

5-10 detention hearing and determines the child:

5-11 (a) Has threatened to run away from home or from the shelter;

5-12 (b) Is accused of violent behavior at home; or

5-13 (c) Is accused of violating the terms of his supervision and consent

5-14 decree.

5-15 If the court makes such a determination, the child may be detained for an

5-16 additional 24 hours after the hearing, excluding Saturdays, Sundays and

5-17 holidays, if needed by the court to make an alternative placement. Such an

5-18 alternative placement must be in a facility in which there are no physically

5-19 restraining devices or barriers. A child must not be detained pursuant to

5-20 this subsection for a total period in excess of 48 hours, excluding

5-21 Saturdays, Sundays and holidays.

5-22 [9.] 10. A child alleged to be in need of supervision who is taken into

5-23 custody and detained need not be released within 24 hours, excluding

5-24 Saturdays, Sundays and holidays, after his initial contact with a peace

5-25 officer to his parent, guardian or custodian, to any other person who is able

5-26 to provide adequate care and supervision, or to a shelter for care, if the

5-27 court holds a detention hearing and determines the child:

5-28 (a) Is a ward of a federal court or held pursuant to federal statute;

5-29 (b) Has run away from another state and a jurisdiction within the state

5-30 has issued a want, warrant or request for the child; or

5-31 (c) Is accused of violating a valid court order.

5-32 If the court makes such a determination, the child may be detained for such

5-33 an additional period as necessary for the court to return the child to the

5-34 jurisdiction from which he originated or to make an alternative placement.

5-35 Such an alternative placement must be in a facility in which there are no

5-36 physically restraining devices or barriers.

5-37 [10.] 11. During the pendency of a criminal or quasi-criminal charge

5-38 of a crime excluded from the original jurisdiction of the court pursuant to

5-39 NRS 62.040, a child may petition the juvenile division for temporary

5-40 placement in a facility for the detention of juveniles.

6-1 [11.] 12. In determining whether to release a child pursuant to this

6-2 section to a person other than his parent, guardian or custodian, preference

6-3 must be given to any person related within the third degree of

6-4 consanguinity to the child who is suitable and able to provide proper care

6-5 and guidance for the child.